Wheelwright v CP De Leeuw Johannesburg (Pty) Ltd (JA 81/2022) [2023] ZALAC 6; (2023) 44 ILJ 767 (LAC); [2023] 5 BLLR 393 (LAC) (21 February 2023)

Wheelwright v CP De Leeuw Johannesburg (Pty) Ltd (JA 81/2022) [2023] ZALAC 6; (2023) 44 ILJ 767 (LAC); [2023] 5 BLLR 393 (LAC) (21 February 2023)

The Labour Appeal Court held that the wording of the settlement agreement, particularly in annexure A, was broad and covered 'all and any claims which the parties may have against each other whether such claims arise from contract, delict, operation of law, equity, fairness or otherwise.' This language extended beyond the specific disputes referred to the CCMA and included claims arising from the restraint of trade agreement. The respondent was aware of the existence of the restraint agreement and could have expressly excluded it from the settlement, but failed to do so. The court found that the settlement agreement extinguished the respondent's rights under the restraint of trade...

Citation
[2023] ZALAC 6
Parties
Appellant: Weston Arthur Dudley Wheelwright; Respondent: CP De Leeuw Johannesburg (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
21 February 2023
Case Number
JA 81/2022
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld with costs; order of court a quo set aside and replaced.
Judges
Davis, Sutherland, Savage
Legal Topics
Restraint of Trade, Settlement Agreement, Interpretation of Contract, Unfair Dismissal
Labour Law Commercial and Corporate Restraint of Trade Settlement Agreement Interpretation of Contract Unfair Dismissal

Case Brief

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Parties

Weston Arthur Dudley Wheelwright

Appellant

CP De Leeuw Johannesburg (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the settlement agreement concluded at the CCMA extinguished the respondent's rights under the restraint of trade agreement.
  2. 2 Whether the wording of the settlement agreement covered future claims arising from the restraint of trade.
  3. 3 Whether the respondent waived its rights to enforce the restraint of trade agreement.

Ratio Decidendi

The Labour Appeal Court held that the wording of the settlement agreement, particularly in annexure A, was broad and covered 'all and any claims which the parties may have against each other whether such claims arise from contract, delict, operation of law, equity, fairness or otherwise.' This language extended beyond the specific disputes referred to the CCMA and included claims arising from the restraint of trade agreement. The respondent was aware of the existence of the restraint agreement and could have expressly excluded it from the settlement, but failed to do so. The court found that the settlement agreement extinguished the respondent's rights under the restraint of trade...

Court Disposition

Appeal upheld with costs; order of court a quo set aside and replaced.

Orders

  • The appeal is upheld with costs.
  • The order of court a quo of 30 May 2022 is set aside and replaced with: 'The application is dismissed. There is no order as to costs.'